ORDER:

This writ petition is filed under Article 226 of Constitution of India seeking the following relief:

...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.s 1 to 6 in failing to renewal of petitioner house construction permission or new house construction permission for plot no. 55 in sy no. 117 situated in kamalapur village and mandal in Hanumakonda district (Earstwhile Warangal Urban District as illegal, arbitrary, unconstitutional and contrary to natural justice and consequently direct the Respondent Nos. 1 to 6 to renewal of petitioner house construction permission or new house construction permission for plot no. 55 in sy no. 117 situated in kamalapur village and mandal in Hanumakonda district (Earstwhile Warangal Urban District.”

2. Learned counsel for the petitioner submitted that the petitioner obtained house construction permission from the competent authority on 26.06.2020. As per the permission, construction of house should be completed within a period of one year. But, due to COVID-19 pandemic, the petitioner was unable to complete the construction of house. Though, the petitioner has made representations to the respondents, no action has been taken. In view of the same, the petitioner filed the present writ petition to direct the respondents to renew his house construction permission in Plot No.55 in Survey No.117 situated at kamalapur Village and Mandal, Hanumakonda District (Earstwhile Warangal Urban District).

3. On the other hand, learned Standing Counsel appearing for the respondent Nos.4 to 6 submitted that the petitioner has to make an application through online as per Section 114 (2) of the Telangana Panchayat Raj Act, 2018 (for short, “ the Act, 2018”). But, the petitioner made representation to the respondent Nos.1 to 6 and the same cannot be considered. As per the procedure, the petitioner has to file an application through online for new permission or renewal for earlier permission and requested this Court to dismiss the writ petition.

4. After hearing both the parties and after perusal of the record, this Court is of the considered view that the competent authority has granted permission to the petitioner on 26.06.2020, and as per the said permission he has to complete the construction within one year. Admittedly, the petitioner has failed to construct the house within the permitted time and now, seeking permission from the respondents to permit him to renew his construction permission and as per the Act, 2018, the petitioner has to make an application through online to the Gram Panchayat concerned.

5. In view of the same, the writ petition is disposed of, directing the petitioner to file application through online as per Section 114 (2) of the Act, 2018 for permission to renew the house construction permission within a period of four (4) weeks from the date of receipt of a copy of this order.

6. Miscellaneous petitions, if any, pending shall stand closed.

_____________________ JUSTICE K.SARATH

Date: 12.12.2023

EDS

THE HON’BLE SRI JUSTICE K.SARATH

6WRIT PETITION No. 32939 OF 2023 Date: 12.12.2023 EDS